HomeMy WebLinkAbout1994-03-16 Rescinded Appvl of Definitive Subdivision Plan VA
W NI M N , MODIFICATION OR RESCISSION INI "PA&
VA .
March 16, 199
NORTH T AND OVER TOWN CLERK
It is hereby certified by the North Andover Planning Board that at duly called and properly posted meetings of
said Planning Board, held on February 15, 1994, and March 1, 1994, the North Andover Planning Board voted
Pursuant to Massachusetts General Laws,Chapter 41,Section 8 .,w,to RESCIND the approval of the De initive
Subdivision Plan of land entitled Brook Farm owned b r Margaret S. Antonelli of 1117 Gatewood Drive,
Alexandria, VA, said plan dated: 10 1 8 , and revised 3 88 by Atlantic Engineering & Survey Consultants,
Inc., and recorded at the North Essex Registry of Deeds, Plan 1119 ', and decision dated Dec. 18, 1987, and
modified dated Maur. 8, 1988, (decisions not recorded) for the following reasons:
. Failure to adequately secure the subdivision. As stated in condition 8 of the covenant secured for this
subdivision and dated April 27, 1988, the covenant expire[ two}mars from the date of endorsement of
the definitive plan. The definitive plan was endorsed on June 2, 1988. Therefore the covenant expired
on June 2, 1990.
2. Failure to comply with the conditions of the application for the approval of the subdivision. The
application for approval of a definitive plans states "[t]he undersigned hereby further covenants and
agrees with the 'down of North Andover, upon approval of said DEFINITIVE PIAN by the Board:
1. To install utilities in accordance with the rules and regulations of the Planning Board, the
` Public works Department, the Highway Surveyor,the Board of Health,and all general as well
as zoning bylaws of said Town, s are applicable to the installation of utilities within the limits
of ways and streets;
To complete and construct the streets or ways and other improvements shown thereon in
accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and
the approved DEPIi ITIVF,PLAN,profiles and cross sections of the same. Said plan, profiles,
cross sections and construction specifications are specifically by reference,incorporated herein
and made part of this application, This application and the covenants and agreements herein
shaU be Minding upon all heirs, executors, administrators, successors, grantees of the whole or
part of said land, and assigns of the undersigned; and
. To complete the aforesaid installations and construction within two years of the date hereof'
The date of the application is October 16, 1987. This condition required the applicant to install the
utilities and construct the streets by October 16, 1989. It is a pulley of the Planning Board to allow
applicants to request an extension,in one year increments,to this condition. The9 applicant never sought
any extensions.
Pursuant to MGL Ch. 41 See, 81-W, this RESCISSION shall tale effect when the plan as originally approved,
or a copy thereof,and a certirted copy of the vote real in'g such RESCISSION, and any other plan or document
referenced in the vote are duly recorded by the Planning Board at the North Essex Registry of Deeds.
It is the rinding of the Planning Board that as no lots in the subdivision have been sold or mortgaged in good
faith and for valuable consideration no consent to rescission is required.
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N.B.: The Planning Board should be notified imcat. ly of any appeal regarding this subdivision Rescission
of approval made to the Superior Court within the statutory 2 -day appeal period, If no appeal is fled with your
office, the Planning Board should be so notified at the end of the 20-day appeal period , so that the originally
approved plan may receive an appropriate endorsement, and be recorded along with a registered copy of the
certified vote amending/modifying/rescinding the approval.
TRUE COPY, ATTEST:
Clerk, North Andover Planning Board
Duplicate copy sent to applicant:
(Date) North Andover Planning Board
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Note to A,PPC ` TOWN CLERK and Certification o Action o Pi1 LE
!n
o emotive Subdivision Planentitled: . � ; � ..
F Olt 9
D C f in i tiv-e..- 11b LZZ.J!l 1.2.U-b2d i f c a t igii "Brgqh
dated
n r r . Jartuar I 111L
Consultants
The North Andover Planning Board has voted to APPROVE said plant subject to the
following conditions,
1. That the record owners of the subject land forthwith execute acid record
a "covenant running with the land", or otherwise provide security for the corms»
struction of ways and the installation of municipal a l services within said sub-0
division# all as provided by G.L. c. 41V S. 81omU.
2. That all such construction and installations sha 1 in all respects
conform to the governing rules and relations of this Board.
3. That, as reused by the North Andover Board of Health in its report to
this oard o building r other structure skull be builtPlaced upon Lots
No. as shown on said Plan without the prior
consent of said 130ard of Huth.
4* Other conditions:
See Attached:
NOTE: This decision su e `cec es the Planning Boards original
decision issued on December 18, 1987.
In the event that no appeal shall have been taken from said apprQval w i.tt-. err
twenty days From this date? the North Andover Planning Board wiU forthwith
thereafter endorse its formal approval upon said plan.
Andover Planning Board has DISAPPROVED a d i� for the following
The Nosh � r
reasons
NORTH A DO ER PLANK NG BOARD
Datet March 2, 8 By* Pa ecstrc Chairman
i
BROOK FARM DEFINITIVE SURD I C I ION
CONDITIONAL APPROVAL
41 The 100 year -flood Olevation and wetland b�Unelar Y Lit%
indicated on the SUbdivision plan, as apr jvJd k r1 t
Conservation Commission.
All septic system designs be approved by the Board of Health
prior to a building permit being issued for any lot within this.
subdivision .
w That all homes located in this subdivision be reeidneti lly
pr i nkl Bred in accordance with the NFPA l D and the requirements
of the North Andover Fire Department .
7 Any charges on the plans required by the North Andover
Con ervation Commission may be subject to modification under
Chapter 14 1 by the -Planning Board .
filed disinissal of the Superior Court Case regarding the
prell-minary denial of this subdivision be obtained by the
Planning Beard prior to the recording of the p.larr with the Deeds
Office*
1 Water main be extended an CHristian Way i than -o" pipe 'installed
1 ' fro t o center line . I a 1 ns sha 1 1 be 52 Duc t 1 1 e l r-ors emer)t
limed wa terp i pe in5talled ' below grade . All water mains shall
pass leakage and pressure tests.
10, Fire hydrants shall be installed at station 3-1-60 and 4-7 .
Hydrants 9hall be Eddy re k.,f lan e Hydrant , built to North
Andover specifications . Hydrant brakes shall be provided with
" mueller or equal gate Valves (open left ) .
1 All gate valves hall comply with AWWO SpecificationsL9, 00 5)2T ,
supplied with 100 lb * sliding type gate box marked "water " ,
1 R The applicant shall supplythe 'town with two ( ) tr af. i i n
which say : "Caution on tr c t ion Vehicles in the r a." . These
i n all be. posted during the construction of this
subdivision by the North Andover Police Department .
13, All lot number shall be posted during construction *
14 , Prior to occupancy of any hornes 1n this s ball isiare a binder
coat shall be applied to the roadway .
15, All Planning Board Order of Conditions are to be placed on the
recorded Definitive Plan , (cover sheet ) prior to endo r emeri t and
filing with the Registry of Creeds .
16 , Prior to releasing any security , all drainage and detention
ponds shall be i ri tolled , l oamed and seeded , avid certified from
the design er--igin er wi ti-I As-Built Plans detailing that all
drainage is in conforaiance with the Definitive Plan .
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17. Tree cuttivig shal 1 be kept to a minlinum throughout the project
in order to minimize erosion and preserve the natural features
of the site. Accordingly , the developer in conjunction with a
registered arbori t , shall submit a tree cutting and
ref ores t tat ion plan the plan is for areas fa substantial
cutting and filling ) to be reviewed by the Planning Board M Th *1
plan shall exp 1 i c i ter include specific: trees to be retained .
Also the d ve 1 op r shall inform the Town Planner n
signif i s ant tree cutting is to occur in order that the Planner
may determine the need to be present .
18 . All existing underground utilities were determined from
ava i lab l e records and should be considered approximate o l y
191, The contr c t or shall contact Dig-Safe at 1-000-322-4844 at least
72 hours prier tb commencing any excavation.
Gas , telephone, cable and electric utilities shall be installed
as specified by respective utility companies .
1 , All catch basins shall be protected with hay to prevent
siltation into the drain lines during road construction.
R No open burning is to be done except a 'is permitted during
burning season r-ider Fire Department Regulations .
. No underground fuel storage facilities will be in5talled except
as may be required by Town Regulations.
4 Per a.rien t house numbers will be posted on the dwellings prior to
Occupancy.
25, The Townr5 Phase Development Bylaw applies to this ubd i v i i o n
( Section 4 .2 of Zoning Bylaw )
The cul-de-sac circle shall contain a landscaped island in
accordance with the requirements of DPW . The existing trees
found r - i to shall be preserved within the i i and .
7. All drainage calculations wi 1 l be reviewed and madi led i
conformance with Planning Board concerns .
2E3, A 201 wide access easement located on Lot 041 as shown on
revised plan dated 1 11 Shall be placed upon the subdivision
plan to allow nonvehicular public access to Bruin H i 1 1 , which i
mow owned by the Essex County reenbe 1 t Association . Ga i d
V%asellient sha 1 i in c i ude a plaque mounted on a stone within the
=aseffie'nt at the point where it intersects the right-of-way o
cl' hrita� a T��e p lacea1 estate ' Publ is access to ;
can reerbelt and - No pro tor ized hic1e a11owed .
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The `o 1 lowing plans ar e deemed approved by this decision :
Plans i l d "Brook Farm , r p��re y John Paulson , f lantic
Fri N i tie r i n Survey , dam, Led , t5 , October 1907 ,# nd
revised Jamuary 1 1 , 1 � sheets I thur 5.
1rec:tor a f Pub is Wo ry ts
goat-d a f Pub I I C WOrk-s
Hi h r-iy Surveyor-
Tree J rd Sri
Consei-vation Commission
BU i Idirig I"S p C for
9oard of Health
Asses�3ar
Police Chicaf
Fire. hie
Applicalit
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